An Open Note to My Friends in Pompton Lakes

First off, my apologies for missing the June 20 “real communityÂ advisory group” meeting. Breaking events and I got stuck in Trenton and had to write about thisandthisand thisand this.

In the last 24 hours,Â friends in Pompton Lakes have sent me three documents. Our thanks to Edison Wetlands Association forÂ filing the OPRA records request and doingÂ the DEP file review to produce some ofÂ these important documents.

Each one, individually, would be a cause for concern.

But all three at once -Â especially given the high profile self describedÂ commitmentsÂ by US EPAand byÂ NJ DEPto the Pompton Lakes community – make my head explode and therefore demandÂ a public accountability and shaming. ThusÂ this brief note.

First, is the EPA so calledÂ “unannounced” inspection of the Dupont site that Dave Kluesner of EPA distributed via email onÂ JulyÂ 6.

That document,Â on EPA letterhead, dated June 8, 2011,Â described a May 5, 2011 “RCRA Site Visit and Assessment”Â by theÂ EPA RCRA enforcement and compliance office.

This is a sham effort by EPA to create the false appearance of some on scene presence at the Dupont siteÂ andÂ enforcement oversight.

But it is just manipulative bullshit, my friends.

Why is EPA relying on the verbal representations of Dupont officials regarding compliance and environmental conditions at the site?

Why is EPA not conducting field sampling to verify claims and determine compliance?

Why areÂ EPA RCRA field enforcement staff just getting “familiar” (that is EPA’s word to describe the purpose of the visit) with the Dupont site, after a RCRA permit was issued by EPA almost 20 years ago, back in 1992? Could this possibly be their first inspectionÂ there?

Why was the EPA site inspection not based on a punch list thatÂ tracks backÂ toÂ enforceable specific RCRA facility permit requirements and the RCRA regulations? This is how all other site inspection and compliance and enforcement oversight actionsÂ I am aware ofÂ are conducted.

That’s a very relevant document, given the longstanding debate about listing the site on Superfund or continuing to manage it under jointÂ NJ DEPÂ and EPA RCRA Corrective Action Program oversight.

The HRS scoring is a pre-requisite to Superfund listing. Scores are based on risk to human health and the environment. Scores above 28.5 qualify for Superfund. The Dupont site scored 3 times higher than that, even without risks from vapor intrusion into homes considered.

Again, thisÂ illustratesÂ total bullshit.

Why are we just finding out about this document now? Why did EWA have to file an OPRA records request and do a file review to find it and force its disclosure?

The 1982 HRS document was sent from EPA to NJ DEP backÂ in March 2009.

Why did both EPA and DEP not subsequently release it to the public during the course of the intensive and controversial RCRA v. CERCLA debate?

Why didÂ bothÂ agencies let the public mistakenly believe that no HRS was done? I erroneously wrote that here at Wolfenotes as well.

Both NJ DEP and US EPA were asked point blank about this HRS issue from day 1. I can only assume either:

But before I even look at it, I must note thatÂ the regulatory RCRA Corrective Action cleanup decisions wereÂ made by Dupont and approved by EPA and DEP way back in October 2009 (see: RASR/CMS at page 2).Â

[Update: There seems to be some manufactured confusion about how the public is limited due to prior DEP and EPA regulatory approvals of Dupont’s cleanup plans. So let me lay it out more clearly. Dupont unilaterally selected the cleanup objectives, alternatives, and selected cleanup approach. Then EPA and DEP approvals were issued for Dupont’s cleanup plan without any public notice or public comment.Â Dupont is now just telling us how they are going to implement EPA and DEPÂ approved plans. This is a sham.Â Public comments can only tinker around the margins, but the public can have noÂ impact on cleanup alternatives or the basic scope and technical approach to the cleanup. In contrast, under Superfund, Dupont is not in the driver’s seat. The public is provided an opportunity to comment on cleanup alternatives,Â cleanup goals and technical approaches before EPA (not Dupont)Â selects the cleanup option. That’s why Dupont opposes Superfund – EPA can select a costly cleanup option preferred by the community (one example: the geographic scope and impacts of off site contaminant migration. Dupont has limited that to portions of ABD and lakefront uplands). But DupontÂ still remains in control. Proving this, here is text from page 2 (see also response to comment from Ms Kachur):

A Remedial Action Selection Report/Corrrective Measures Study (RASR/CMS) was prepared [by Dupont] toÂ identify the remedial options for the Acid Broook Delata Area (ABD). The RASR/CMS included Remedial Action Objectives [defined and selected by Dupont] to achieve protection of human health and the environment and an evaluation [conducted by Dupont] (sic)Â potential remedial measures, with removal selected [by Dupont] as the preferred remedial approach.Â In October 2009, the NJ DEP and US EPA Â approved the RASR/CMS. Therefore, this document has been developed [by Dupont] to outline the remedial approach to be used [by Dupont] to implement removal of sediment and soil from the ABD and surrounding uplands [delineated by Dupont] to achieve the Remedial Action Outcomes [defined and selected by Dupont].Â Â Â

Get what’s going on yet? – end update]

So what can be done now?Â It’s far too late to change the scope of the cleanup. Best case is rearranging deck chairs on the Titanic.

This too looks like manipulative window dressing.

Given all the political rhetoric andÂ EPA commitments about enhancing community involvement in historically back room cleanup decisions made byÂ Dupont and rubber stamped by the NJ DEP, this is especially disgusting.

Thank you for note. If Edison Wetlands did not find this document we MAY HAVE NEVER KNOWN about our hazard ranking score in 1982? The document is clearly marked confidential – not for public release. So my question remains… how could anyone make the disgusting choice not to let the public know their ranking which is well above the 28.5 even THEN and does not two additional environmental issues of mercury and vapor intrusion?? HOW AND WHY AND WHAT SHOULD THEY DO TO HELP US IMMEDIATELY? HOW COULD THEY KEEP THIS FROM US AND SLEEP AT NIGHT? HOW CAN WE NOW BE IN THIS MESS STILL IN 2011 AND “STILL WAITING” FOR THIS SITE TO BE DESIGNATED A SUPERFUND SITE? We need answers and help now!

Few if any sites are being added to SuperFund these days because the Fund is broke. So the only way to get a site cleaned up is to use other means. That is the general belief at the state and federal levels. There is no money left.

The purpose of superfund is to go after multiple recalcitrant parties and/or when there is no viable responsible party. That is not the case at Pompton Lakes. There is a wealthy RP. Therefore, no need for Superfund to spend federal resources. I’m just explaining why there is no interest on the part of the feds to use SuperFund. There are more serious problems with no RP out there for Superfund resources.

Mr. Wolfe, I wanted to point something out regarding your comment of why the revised version of a document you liken to rearranging the deck chairs on the Titanic. I would say clarification and adjustments to address concerns by the agencies would not be a fair analogy to the Titanic reference. Copying from page 3 of the document, it clearly states why the revision. For what it is worth, permits have not been changed yet, public input on the acid brook delta has not occurred yet and local permits are still needed before work begins.

>>This document supercedes the June 2010 CMI WP submittal as it has been updated based on
the 2010 investigation activities, responses to New Jersey Department of Environmental Protection (NJDEP) comments, and input received from potential remediation contractors and regulatory agencies.
DuPont is submitting this document at the request of the regulatory agencies, to assist in the planning, execution, and communication of remediation in the ABD Area. This document provides stakeholders with available information related to the equipment, processes, and methods anticipated to be used as part of remediation. Details regarding implementation of the remedial action will be further developed in coordination with the selected Remediation Contractor during future design activities. DuPont intends to identify the selected Remediation Contractor prior to commencement of detailed design activities and enter into a collaborative process to develop the final design.<<

@Rhoda Dendron
Sorry Rhoda – you are just flat out wrong on that – yes, you correctly note one of Superfund’s purposes (orphan sites, multiple PRP sites), but there are single RP Superfund sites that are 100% RP funded.

And as I said previously, there are Superfund authorities (enforcement) that do NOT require NPL listing. EPA’as RCRA Enforcement strategy even recommends that.

The main point is that EPA has far worse sites and they are not about to expend resources they do not have (it would still require that they go after DuPont to pay for their mgmt of the case when there is no guarantee that they would get the money back). The federal gov’t is out of money. Watch the news!

@Rhoda Dendron
Far worse sites? Have you seen the partial HRS (befor vapor)? Have you read the NJ DHSS Health Consultation?

EPA right now is expending signficant staff resources at Dupont site – thousands of new man hours on the vapor issue alone – but they have yet to issue and enforcement or cost recovery actions. That – and lots of additional money – is readily recoverable if EPA would only take action!

And the federal government has plenty o money – they are spending $2 billion a week in Afghanistant alone.

“DuPont is submitting this document at the request of the regulatory agencies, to assist in the planning, execution, and communication of remediation in the ABD Area.”

[This means that the document is not required by regulation, but submitted voluntarily, and thus is NOT enforceable. Note one of the reasons is ONE WAY communication – merely to tell the public what Dupont, EPA, and DEP already have done behind their backs. Note what it excluded: any role for the community.]

“This document provides stakeholders with available information related to the equipment, processes, and methods anticipated to be used as part of remediation.

[Note the emphasis on one way information and note that no discusioon of information to be provied for public review on acutal chemical pollution, cleanup objectives, of cleanup alternatives. EPA and DEP already approved all that.]

“Details regarding implementation of the remedial action will be further developed in coordination with the selected Remediation Contractor during future design activities.

[Mere details and limited in scope to implementation – that’s all that are left – adn Dupont and their contractors will be firmly in charge of those “details”.]

“DuPont intends to identify the selected Remediation Contractor prior to commencement of detailed design activities and enter into a collaborative process to develop the final design.]

[Dupont, not EPA, will select celanuip contractors that are paid by, subservient to, and report to Dupont, not EPA or the community. Not clear who Dupont will collaborate with on final design. But design phase is the END of the rpocess adn is very limited. Suppose you don’t like what Dupont is designing? Suppose you don’t support the scope or objectives of Dupiont’s design? Tough luck you are SOOL.]

Rhoda – did you know that the cancer mortality rate in Pompton Lakes based on new information from the NJDHSS is 33% higher than NJ. Did you know that the state of NJ rate is higher than the whole nation? The residents of this community have suffered long enough and it is time for them to be considered a Number 1 priority and clean their community to the highest residential standards possible!

Yes, I know about the cancer rates in NJ. There are a lot of factors that go into determining that and I’ve always thought there is really no way to compare one place to another and take into consideration the smoking habits, age, heredity factors (the biggest factor in cancer), etc. Yes, I know that carcinogens cause cancer. But I think that if EPA hasn’t put it on the Superfund list yet, it isn’t going to happen anytime soon and your energy would be better spent other ways than waiting for EPA to make it a superfund site.

Rhoda – I was specifically speaking of the 33% high cancer rate in Pompton Lakes and not about the cancer rate in NJ. I think you are well aware of that but best to set the record straight for others reading these comments. Thanks for being concerned about how I spend my time but my suggestion is I am fine and it my be best maybe for you worry about how you spend your own time.

(correction – sorry multi-tasking on various environmental issues)…Rhoda â€“ I was specifically speaking of the 33% high cancer rate in Pompton Lakes and not about the cancer rate in NJ. I think you are well aware of that but best to set the record straight for others reading these comments. Thanks for being concerned about how I spend my time but my suggestion is I am fine and it may be best for you worry about how you spend your own time.

@Rhoda Dendron
EPA Region 2 staff stated at a national vapor intrusion hearing that the Pompton Lakes DuPont Works site is the LARGEST vapor intrusion site in all of Region 2. How can you say that there are worse off sites?

Bill is right- There are many sites where there is only one RP performing the site cleanup – American Cyanamid Superfund Site in Bridgewater NJ – cleanup funded completely by multi-million dollar Pfizer Pharmaceutical is an excellent example.